Last updated on October 17, 2023

between SFY GmbH, Industriestrasse 15, 84149 Velden, registered in the commercial register of the Landshut District Court under HRB 10645, represented by the managing director Andreas Gschaider (hereinafter “us”, “we”, “SFY”) and our users (hereinafter also: “you”, “you”, “you”).

B42 has set itself the goal of helping all soccer players to develop their full potential and at the same time provide lasting protection against injuries. In the event of a sport-specific injury, we want to use our rehabilitation services to create the opportunity to work on your own comeback at home and without additional tools. With our concepts, we want to give all athletes the opportunity — no matter where and when they want — to work on their fitness in order to be able to play the best season of their lives. B42 promotes physical fitness and general well-being and gives players access to their actual potential. We focus on the effectiveness and know-how of our trainers and experts. They support you on your journey right from the start. With B42, you also get access to an exclusive online community where you can get answers to questions about your favorite sport. We are pleased that you have decided to fully utilize your potential with B42 and that we can support you along the way. The following general terms and conditions (the “Terms and Conditions”) set out the legal framework for the use of B42 and the services we offer.

These terms and conditions form the basis for all offers, deliveries, purchase and use contracts and services for products ordered by you from our range of products or use of our services and services that we provide via our website https://www.b-42.com (hereinafter also: “Portal”) or via our software application (hereinafter also referred to as “App”) under the name B42 (hereinafter also: “B42”), regardless of whether this is done for a fee or free of charge. We do not recognize any deviating terms and conditions.

The prerequisite for opening a user account, using the paid and free B42 services and purchasing certain B42 additional products against payment is that you have already been 18 years of age and have full legal capacity. These terms and conditions only apply and you are only allowed to use the portal if you are allowed to do so by us and you are a consumer yourself. A consumer is any natural person who concludes a legal transaction for purposes that can primarily be attributed neither to their commercial nor to their independent professional activity. These terms and conditions do not apply to entrepreneurs and entrepreneurs are not permitted to use B42. An entrepreneur is any natural or legal person or partnership with legal capacity which, when concluding the contract, acts in the exercise of its commercial or independent professional activity.

We reserve the right to agree on additional conditions for individual B42 services. However, we will inform you of this in good time before use.

If you register via our portal to use the free B42 services, the user contract between you and us is concluded after the registration process has been completed in full in accordance with Section 4.1 of these Terms and Conditions. The prerequisite for this is that you provide your email address. You have no right to register and use the B42 services. With the completion of the registration process, a free contractual relationship is created and these terms and conditions become part of this contractual relationship.

You can purchase individual B42 additional products by paying a one-time amount via Digistore or another payment service provider or by taking out a subscription. This creates a paid contractual relationship between the user and the respective payment service provider, separate from registration. The contract is concluded when you click on the “Buy Now” field or a similar field after you have entered your payment information. If the contract is concluded via the mobile app application, you will also purchase the additional service if you click on the “Buy now” button and, if necessary, enter your required data and passwords in the respective APP store.

If you would like to purchase paid additional services or paid B42 services or products on our portal, you can correct any input errors at any time by using the button marked with an arrow pointing to the left in your browser and then making the appropriate changes. By closing the browser, you can cancel the entire registration or ordering process.

The contract with us is concluded in German.

To use the free services, it is sufficient to create a user account on the portal or app. By completing the registration process, you agree to our terms and conditions and privacy policy. After successful registration, you will receive an email to confirm your account. Alternatively, you can register and log in with your Facebook account.

To use the paid B42 services, data is queried as part of the ordering process, and the entire process is handled via the Digistore or another external payment provider. You can find more information about collected data here: https://www.b-42.com/datenschutz .

When registering via mobile apps, the conclusion of the user contract depends on the rules of the respective app store provider (e.g. Apple, Google, etc.). In most cases, the contract is considered concluded when you click or press the “Install” button in the respective store and then enter a password. The basic requirement for using B42's services is always to open a free user account.

The scope of the B42 services and additional products included in B42 and can be used by you depends on whether and which B42 services and additional products you use free of charge or for a fee. If the portal and the B42 services are used free of charge by unregistered and registered users, you only have access to certain basic functions and information of the respective B42 service, which we will inform you about before you order.

An extended range of functions is available if you purchase certain B42 additional products (such as a mobility program), which are described in more detail on the portal, separately for a one-time payment. If you purchase additional products that include nutrition coaching, please note that the foods recommended as part of the coaching are not part of the B42 services or additional products and must be purchased by you separately and at your own expense from third parties.

The Supplement Shop is used via the APT Shop software. The responsible provider is MBS GmbH, Äußere Wiener Straße, 93055 Regensburg. The following link will take you to the valid terms and conditions of the Supplement Shop: https://shop.b-42.com/allgemeine-geschaeftsbedingungen

The current pricing models and the services and additional products that can then be used are listed on our portal. All prices listed include the applicable sales tax. Processing is carried out via Digistore; all legal claims must be asserted against this provider.

We offer our subscriptions with different terms. These are automatically extended by the period for which you have already signed a contract. The term begins with the purchase of the respective subscription and is only ended when you cancel it. It is calculated according to the calendar and is independent of the duration and scope of your use.

Each subscription must be canceled individually. You can cancel the respective subscription at any time with effect from the end of the minimum term or at the end of the respective renewal period without giving reasons.

Subscriptions purchased in-app must be canceled in the settings of the respective store. Notwithstanding the foregoing, if your subscription fee is collected via iTunes, there is a cancellation period of 24 hours at the end of the minimum term or at the end of the respective renewal period for technical reasons. After canceling a subscription, your user account and other subscriptions remain valid, subject to further cancellation.

After conclusion of the contract and full payment within Germany, Digistore will send you your login details for the B42 additional products or subscriptions you have purchased to the email address you provided when ordering. You are not entitled to resend the B42 additional products you have purchased.

The Digistore provides you with an overview of the generally accepted payment methods for purchasing B42 additional products. We do not incur any costs for using the means of payment. Digistore regulates both the due date and the topics of payment obstacles, offsetting and retention of title, as well as retention of title.

If you purchase our services in the APP application, the billing will be carried out by the respective provider of the store. If B42 incurs expenses and costs as a result of a payment rejected by you and you are responsible for them (account not covered/credit card frame exhausted, etc.), we are entitled to charge you the actual amount of expenses and costs incurred. In some cases, we reserve the right not to offer or support certain payment providers or means of payment.

The use of the B42 services and suggestions contained in the B42 additional products is at your own risk. The prerequisite for using the B42 services and suggestions and exercises contained in the B42 additional products and subscriptions is in any case a good general health condition. If you are aware of any pre-existing conditions, we strongly recommend that you seek medical advice before you start using the B42 services and suggestions and exercises contained in the B42 additional products (i.e. training or coaching, for example).

This applies in particular if you are aware of one or more of the following diseases/complaints/procedures: (i) cardiovascular diseases, (ii) lung or respiratory diseases (including asthma), (iii) spine and/or joint problems, (iv) neuromuscular disorders, (v) surgical procedures, (vi) other health restrictions.

In the case of diet-related B42 services or additional products, before eating the foods recommended as part of a coaching session or guide, you must independently check whether the ingredients or ingredients contained therein may cause you intolerances or allergies. For our female users, the B42 services or additional products (e.g. training and coaching) offered by us should not be used by pregnant or breastfeeding women.

In general, pay attention to your body's signals. If you have any doubts that you are healthy before or while using B42 (e.g. because you experience severe pain, general discomfort, shortness of breath, nausea, or dizziness), consult your doctor before starting or continuing with B42.

The services and information offered as part of B42 and B42 services or additional products are neither medical nor medical advice. They are also no substitute for medical examination or treatment.

Fitness and/or nutrition advice is subject to constantly evolving health, nutrition and sports science findings. Even though we base B42 and our training and nutrition tips on current studies and findings, we do not guarantee that they reflect the latest research results or findings.

We are the rights owner of B42 and the content of the portal created by us, as well as the B42 additional products. We are exclusively entitled to all copyright, trademark or other property rights to B42 and the additional products, the content, data and other elements thereof. This does not affect any rights you have to the content you post on the portal.

We make every effort to make the B42 services and the portal available for uninterrupted access. However, with all due care, it cannot be ruled out that the B42 services and access to the portal will be interrupted, in particular due to maintenance work, software updates and technical or other problems beyond our control (force majeure, fault of third parties, etc.). We are trying to make the B42 services and access to the portal available again as quickly as possible, but cannot guarantee trouble-free retrieval and operation.

We are entitled to put individual B42 services or the portal itself offline in whole or in part, provided that this is necessary for maintenance and repair purposes and is reasonable for you.

We are entitled to change or discontinue individual B42 services and the portal. If B42 services or the portal are discontinued for which you have concluded a paid contractual relationship and have already paid a fee, the fee can be refunded upon your request.

We reserve the right, until proven that your use is lawful, to delete information from the portal, to withdraw your access authorization or refuse registration, or to temporarily block your access in whole or in part if you use our portal unlawfully or violate these terms and conditions, in particular the obligations contained in section 15 of these terms and conditions. We will immediately inform you by e-mail of any withdrawal of access authorization or rejection of registration and blocking of access. In the event of a violation of applicable laws, we are entitled to forward the relevant information to the relevant government agencies.

You may only use the B42 services, the B42 additional products and the portal to the intended extent and in accordance with these terms and conditions and may not change them, their source code and the associated services or products.

The legal provisions apply to claims due to material defects.

We make no assurances or guarantees, in particular not that the training or other result you want will be achieved by using B42, the respective B42 service or the respective B42 additional product. We do not owe any concrete success. In addition, the training result is also influenced by factors that cannot be controlled, such as physical predispositions and preconditions, so that the result can vary significantly among different users despite the same use of B42 services or B42 additional products.

If you are provided with instructions (e.g. for specific exercises and trainings) as part of our B42 services or B42 additional products, you must comply with these instructions, otherwise there are risks of injury and/or health. If you use aids or equipment for the exercises and training, it is your responsibility to ensure that these aids and/or devices function properly, are installed, set up and maintained.

We are liable for your claims for damages arising from injury to life, body, health or from the breach of essential contractual obligations (obligation whose fulfilment enables the proper execution of the contract in the first place and on whose compliance the contractual partner regularly trusts and may rely) as well as for other damages based on an intentional or grossly negligent breach of duty by us, our legal representatives or vicarious agents or on a guarantee provided by us. Otherwise, your claims for compensation are excluded.

In the event of a breach of essential contractual obligations, we are only liable for foreseeable damage typical of the contract if this was caused by simple negligence, unless it concerns your claims for compensation arising from an injury to life, body or health.

The restrictions of clauses 13.2 and 13.3 of these terms and conditions also apply in favour of our legal representatives and vicarious agents if claims are made directly against them.

Our liability due to delay in delivery is — except in the case of intent or gross negligence — limited to an amount of 5% of the respective purchase price (including sales tax).

The provisions of the Product Liability Act remain unaffected

By way of derogation from Section 438 Paragraph 1 No. 3 BGB, the general limitation period for your claims for damages arising from material and legal defects is one year from delivery. The above provision does not affect mandatory special statutory regulations on the limitation period and your claims for compensation in accordance with sections 13.2 of these terms and conditions as well as under the Product Liability Act, whose limitation period is determined exclusively by the statutory limitation periods.

Depending on which services you are approved for or which you have purchased, the services we offer include copyright or otherwise protected content to which we have the corresponding rights. We grant you a simple, non-sublicensable and non-transferable right to use this content in a non-commercial form within the framework of the contractual provisions and these terms and conditions for your own purposes. Just for clarification, we would like to point out that, in particular, the distribution or public availability of our content and services by you, e.g. on websites outside the B42 websites, the portal or reproduction, is not permitted.

You are solely responsible for content that you upload within the B42 services or on the portal. We do not endorse them and do not review them. We therefore do not guarantee the accuracy, appropriateness and quality of such content.

When providing your own content, you are required to comply with all applicable laws and other legal provisions of the Federal Republic of Germany. Regardless of whether this constitutes a criminal offence, it is generally prohibited to - provide content that is pornographic, sexual, violent, racist, seditious, insulting and/or defamatory in nature, violates these terms and conditions, legal regulations, official orders or morality; - to violate the rights of third parties. This applies in particular to the personal rights of third parties as well as property rights and intellectual or industrial property rights of third parties (e.g. copyrights, trademark rights, etc.); - to store, publish and/or transmit content that you are not authorized to pass on; - to falsify data or to refrain from attempting to retrieve information or data from the portal yourself or by unauthorized third parties or to interfere with or interfere with data in B42 or other programs operated by us or in data Networks from us to intrude without authorization; - to store, publish and/or transmit unsolicited advertising, promotional material, junk or mass emails, chain letters, etc.; in particular, you must also be the owner of the necessary rights to your profile picture and other photos posted by you. We are entitled at any time to delete, remove or block content that is illegal or violates the above principles. If you violate the above principles, we are entitled to warn you or to temporarily block your user account or to cancel the user contract for good cause in accordance with Section 15.3.

In the event that you violate the principles set out in Section 13.2, you are obliged to indemnify us against claims or claims of third parties of any kind arising from such an infringement upon first request and to hold us harmless from claims that third parties assert against us for the infringement of their rights based on content that you store, publish and/or transmit as part of our portal. This also includes reimbursement of legal defense costs incurred (attorneys' and court fees). However, the prerequisite is that you are responsible for this in accordance with legal regulations. We reserve the right to assert compensation and other claims.

By logging in or registering for B42 or ordering with B42, you accept the storage of your personal data provided and your usage data from B42 by us. We may use the data relating to the respective registrations, registrations or orders in accordance with the legal provisions and our privacy policy, which you can find in its current version at https://www.b-42.com can retrieve, process and store as far as this is necessary to conclude and execute the contractual relationship and as long as we are required to store this data due to legal regulations.

You can delete your user account at any time and without giving reasons and thus also end your user contract. We will then delete all data and content you have posted, and you will then no longer be able to access it. If your account is deleted during an ongoing subscription whose term has not yet ended, then any payments you have already made will not be refunded, even on a pro rata basis. Furthermore, we are entitled to terminate the specified user agreement without giving reasons - at the earliest at the end of the term of a one-time service, at the end of the minimum term or the respective extension period.

In principle, each subscription to one of our services must be canceled individually, at any time without giving reasons and always at the end of the minimum term or at the end of the respective extension period. This is possible via an e-mail to member@b-42.com or via the Digistore link, which is stored in the confirmation email of your order. If you purchased via the APP application, you must cancel via the settings of the respective store. After cancellation, your user account will continue to exist. We reserve the right to cancel any subscription in writing at the end of the term or the end of the renewal period with a notice period of two weeks.

Furthermore, we are entitled to cancel the user agreement or subscription concluded with you with immediate effect and without notice or to delete your user account if, in a particularly serious or repeated case, you have violated the provisions of our user agreement or the terms and conditions or if your payments are in default - after a reminder procedure has been initiated.

If you conclude a user contract with us or a contract for a one-time additional service or a subscription, you have the following right of withdrawal. You have the right to cancel the contract within fourteen days without giving reasons. The cancellation period is fourteen days from the day the contract is concluded.

To exercise your right of withdrawal, you must contact us

SFY GmbH
Industriestrasse 15
84149 Velden
info@b-42.com

inform you of your decision to cancel the contract by means of an unequivocal statement (e.g. a letter or e-mail sent by post). If you make use of this option, we will immediately (e.g. by email) send you a confirmation of receipt of such a revocation. To meet the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the cancellation period has expired.

If you cancel the contract, we must repay you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and no later than fourteen days from the day on which we receive notification of your cancellation of the contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; in no case will you be charged any fees for this repayment.

If you have requested that the services begin during the cancellation period, you must pay us a reasonable amount that corresponds to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.

In the case of a contract for the provision of services, the right of withdrawal expires even if we have provided the service in full and have only begun to perform the service after you have given your express consent and at the same time confirmed your knowledge that you will lose your right of withdrawal if the contract has been fully fulfilled by us. In the case of a contract for the delivery of digital content not on a physical data carrier, the right of withdrawal expires even if we have begun to execute the contract after you have given your express consent and at the same time confirmed your knowledge that you will lose your right of withdrawal at the start of contract execution.

We process your personal data in accordance with our privacy policy, which you can find in its current version at https://www.b-42.com/datenschutz can retrieve. Amendments to the general terms and conditions We reserve the right to change and adapt these terms and conditions with effect for the future. We will notify you of the changes by email no later than six (6) weeks before the new version of the terms and conditions is scheduled to come into force. We will particularly draw your attention to your right of objection, the time limit for this and the legal consequences of your silence or objection. If you do not object to the validity of the new terms and conditions within this period, the new terms and conditions are considered accepted. In the event of an objection, we expressly reserve our rights of termination.

The laws of the Federal Republic of Germany apply exclusively between the parties, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). In business transactions with consumers within the European Union, the law of the consumer's habitual residence may also apply, provided that consumer law provisions are mandatory.

If you do not have a general place of jurisdiction in Germany or in another EU member state or if you have moved your permanent place of residence to a country outside the EU after these terms and conditions have taken effect, or if your place of residence or habitual abode is unknown at the time the action is brought, the exclusive place of jurisdiction for all disputes arising from this contract is our registered office.

Should individual provisions of these terms and conditions be or become invalid in whole or in part, this does not affect the validity of the remaining provisions. You and we will endeavour to replace the ineffective provision with a provision that best meets the contractual objective legally and economically.